Case: 12-30267 Document: 00512020910 Page: 1 Date Filed: 10/16/2012

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED October 16, 2012 No. 12-30267 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOHN KELLY,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:05-CR-30040-2

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent John Kelly has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Kelly has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 12-30267 Document: 00512020910 Page: 2 Date Filed: 10/16/2012

No. 12-30267

excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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